Date: August 2025
Status: Ongoing (adjourned for further hearing)
Claims:
- Disability discrimination (Employment Equality Act 1998)
- Unequal treatment as an agency worker (Protection of Employees (Temporary Agency Work) Act 2012)
- Unfair dismissal (Industrial Relations Act 1969)
Key Parties: - Complainant: Santa Musinska
- Respondents: Oak Central Recruitment Services Ltd (staffing agency) and Masterlink Logistics (host site, Clonmel)
Case Summary
Latvian national and mother-of-three Santa Musinska alleges she suffered a severe allergic reaction to cosmetic products she handled while working in a Clonmel warehouse through a staffing agency. Despite painful blistering and loss of skin on her hands, she returned to work out of financial necessity, using multiple layers of gloves, but symptoms persisted.
She claims that:
- Her condition amounted to a disability under Irish equality legislation.
- She was not offered alternative duties, despite another worker allegedly having been reassigned due to similar symptoms.
- As an agency worker, she received less favourable treatment compared to directly employed staff.
- Her termination in January 2024 amounted to unfair dismissal.
WRC Proceedings & Key Evidence
- Ms Musinska detailed her worsening skin condition, citing inability to perform basic tasks at home due to pain.
- She said her requests for support were met with insufficient adjustments (e.g., gloves), and she continued to be assigned to the same cosmetics line.
- A colleague reportedly confirmed that a similar case had previously led to reassignment which Ms Musinska was not offered.
- She stated she continued working because she needed the income to support her children and mother.
- Oak Central Recruitment argued that it, not Masterlink Logistics, was the legal employer.
- The hearing has been adjourned, with further proceedings expected.
Implications for Employers & Agencies
This ongoing case raises important considerations for employers and staffing agencies, particularly in warehouse, logistics, and manufacturing sectors:
Reasonable Accommodation: Employers must assess whether medical conditions triggered or worsened by workplace activities constitute a disability and, if so, implement reasonable accommodations.
Health & Safety Duty: Exposure to allergens or irritants must be proactively assessed via risk assessments, with appropriate PPE and rotation strategies implemented.
Agency Worker Protections: Agency workers are entitled to equal treatment in relation to working conditions and opportunities. Host employers and agencies share responsibility.
Record of Complaints: Failure to investigate or act on known health-related concerns or prior incidents may increase risk of legal liability.
Bloom Consultancy Commentary
This case is a timely reminder for Irish employers and agencies of the importance of:
- Monitoring employee wellbeing where work involves exposure to chemicals, cosmetics, or cleaning agents
- Establishing a clear and collaborative duty of care between client companies and agencies
- Ensuring disability-related concerns are handled sensitively, with prompt occupational health referrals
Our HR and compliance advisors at Bloom Consultancy can support you with:
- Agency worker audits
- Disability discrimination risk management
- Health and safety integration with HR practices
This article is based on public decisions of the Workplace Relations Commission and reported case summaries from Irish media sources. It is intended as a commentary on HR compliance issues relevant to employers and HR professionals in Ireland.